A MAN from Bulawayo, alleged to be HIV positive and who was accused of r_aping his ex-wife seven times in one night without protection, was yesterday acquitted of the charges.
The man (55), from Mahatshula suburb, had been arraigned for luring his ex-wife (34) into his bedroom and r_aping her the whole night.
Through his lawyer, Mr Costa Dube of Dube and Associates, the man pleaded not guilty to r_ape before Bulawayo regional magistrate Mrs Sibongile Msipa-Marondedze.
Mr Dube made an application for discharge which was accepted by the State.
In the application, he stated that there was no compelling evidence to prove that his client had committed the crime.
“The complainant visited the accused person at around 8PM and entered his bedroom. It is her evidence that she was r_aped seven times but never called for help. There is no evidence that shows resistance on her side and she left the accused’s house at around 10AM the following day. The two had s_exual intercourse even after they separated,” he said.
The magistrate found the accused not guilty and discharged him.
The complainant had alleged that her ex-husband lured her to his house in Mahatshula suburb in January this year by taking her cellphone. She then went to his house to collect it.
“He locked me inside his bedroom, put the keys under his pillow and forced himself on me without using protection. He would r_ape me and go to sleep, wake up and r_ape me again. He r_aped me for the seventh time the following morning when I was taking a bath and I managed to push him away,” she said.
“What pains me the most is that he is HIV-positive and I am HIV negative, but he r_aped me without using protection. I did not scream or call for help while he was r_aping me because neighbours knew me as his wife hence it would be embarrassing for them to know that I had been r_aped.”
– Chronicle
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